Question

Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s.

Answer 1

Article 356 of the Indian Constitution, often referred to as the "President's Rule," allows the Union government to dismiss a state government and assume direct control of the state machinery under certain circumstances. Historically, it was used frequently to dismiss state governments that were perceived as being unstable or not in compliance with constitutional norms. However, the frequency of its use has significantly declined since the mid-1990s. Several legal and political factors have contributed to this reduction:

Legal Factors

1. Judicial Review and the Bommai Case:

   • S.R. Bommai v. Union of India (1994):

     • The landmark Supreme Court judgment in the S.R. Bommai case set strict guidelines for the imposition of President's Rule under Article 356.
     • The Court ruled that the use of Article 356 is subject to judicial review, ensuring that its application is not arbitrary or politically motivated.
     • The judgment emphasized the need for a floor test to prove the majority of a government in the state assembly rather than relying on the governor’s report.

   • Significance:

     • This judgment acted as a deterrent against the arbitrary dismissal of state governments by making it difficult for the Union government to impose President's Rule without adequate justification.

2. Strengthening of Federalism:

   • Constitutional Safeguards:
     • The judiciary has consistently upheld the principles of federalism and the autonomy of state governments, reinforcing the notion that Article 356 should be used sparingly.
     • Legal interpretations of the Constitution have emphasized cooperative federalism and the importance of maintaining the balance of power between the Union and state governments.

3. Role of the Judiciary:

   • Increased Judicial Activism:
     • The proactive role of the judiciary in scrutinizing the misuse of Article 356 has acted as a check on the executive’s power to dismiss state governments.
     • Courts have intervened in several instances to prevent the unjustified imposition of President's Rule, thereby ensuring that constitutional provisions are not exploited for political gain.

Political Factors

1. Coalition Politics:

   • Emergence of Coalition Governments:

     • Since the mid-1990s, Indian politics has been characterized by coalition governments at the national level. This has led to greater power-sharing and cooperation between the Union and state governments.
     • The need to maintain coalition alliances has reduced the willingness of the central government to impose President's Rule, as political stability and alliance management became priorities.

   • Impact on Federal Relations:

     • Coalition politics has necessitated a more consensus-driven approach to governance, discouraging the use of Article 356 as a tool for political maneuvering.

2. Political Maturity and Consensus:

   • Evolution of Political Culture:

     • There has been a growing recognition of the importance of respecting electoral mandates and the democratic process, leading to a more restrained use of Article 356.
     • Political parties have shown greater maturity in resolving conflicts through dialogue and negotiation rather than resorting to central intervention.

   • State-Level Leadership:

     • Strong regional leaders and the rise of regional parties have increased the political costs of dismissing state governments, discouraging the central government from using Article 356 arbitrarily.

3. Public and Media Scrutiny:

   • Increased Transparency:
     • The role of the media in scrutinizing government actions and the growing awareness among the public have led to greater accountability in the use of Article 356.
     • Public opinion and media criticism act as deterrents against the misuse of President's Rule for political purposes.

Conclusion

The reduced frequency of using Article 356 since the mid-1990s can be attributed to a combination of legal and political factors. Judicial interventions, especially the Bommai judgment, have established strict guidelines for its use, ensuring that it is not employed arbitrarily. The emergence of coalition politics, political maturity, and increased public scrutiny have also contributed to a more restrained approach by the Union government. These factors have collectively reinforced the principles of federalism and democratic governance in India, ensuring that Article 356 is used as a measure of last resort rather than a tool for political expediency.